hell no
con't
a lot moar @ link
Mainstream outlets have given it sparse coverage, for reasons that will become clear shortly. Right-wing sources paid attention initially, but few ran follow-ups or took a close look at the court filings. So: What exactly is going on? How did all of this happen?
I am not a professional. I am a law student with a part-time job on @TheBARPod, a podcast about internet nonsense, and a side hobby of sticking my nose where it doesn't belong. I wanted, and want, to do a thorough report on this when I get the time. But the story is big enough, and spreading fast enough, that I want to make sure that people have access to accurate info as quickly as possible.
First, though: court filings are public records, but they are often expensive and difficult to obtain. Tools like RECAP help, but I was lucky to have people around me willing to pay the $80 in PACER fees for a few of the documents. This story is much larger than me and I do not want people to have to rely on me for it.
Here are the court documents I have: https://drive.google.com/drive/folders/17Vi9dDtZvbwHDafrygRGYcG888f-6PDs
Most of the interesting exhibits are in 139. Please look for yourself if this story catches your interest.
Historically, the pipeline into air traffic control has followed a few paths: military veterans, graduates of the "Air Traffic-Collegiate Training Initiative" (AT-CTI) program, and the general public. Whichever route they came from, each candidate would be required to take and pass the eight-hour AT-SAT cognitive test to begin serious training. This test was validated as being effective as recently as 2013.
The FAA has faced pressure to diversify the air traffic control for generations, something that seems to have influenced even the scoring structure of the AT-SAT cognitive test used for pre-employment screening of air traffic control candidates. Leading up to 2014, that pressure intensified, with the National Black Coalition of Federal Aviation Employees (NBCFAE) leading the push.
To start with, in 2000, a three-member task force, including NBCFAE member Mamie Mallory, wrote "A Business Case and Strategic Plan to Address Under-Representation of Minorities, Women, and People with Targeted Disabilities," recommending, per the lawsuit, a workplace cultural audit, diversity "hiring targets" for each year, and "allowing RNO- [Race and National Origin] and gender-conscious hiring." They were advised by Dr. Herbert Wong, who helped the NBCFAE analyze FAA diversity data in 2009. Wong authored a report concluding that the FAA was "the least diverse agency within the executive branch of the federal government." Mallory and Wong were consulted as part of the 2014 test replacement process.
From there, the NBCFAE sent letters in July and October 2009 to the FAA administrator and the Secretary for the Department of Transportation claiming disparate treatment, adopted a strategic plan "advocating for affirmative employment, obtaining an 'independent valuation of hiring and/or screening tools,' and pursuing litigation," a "Talking Points" document pushing the FAA to address diversity, and the creation of a group called "Team 7."
In 2012, Team 7 members met with the secretary of the Department of Transportation, the FAA administrator, and senior FAA leaders to discuss diversity, after which the FAA commissioned a "Barrier Analysis" with a number of recommendations. Central to this:the cognitive test posed a barrier for black candidates, so they recommended using a biographical test first to "maximiz[e] diversity," eliminating the vast majority of candidates prior to any cognitive test.
https://x.com/tracewoodgrains/status/1752091831095939471?mx=2
con't
In 2012 and 2013, the NBCFAE continued pushing this process, with members meeting with the DOT, FAA, Congressional Black Caucus, and others to push diversity among ATCs. By July 2013, the FAA created a "Barrier Analysis Implemention Team" (BAIT, and I swear I am not making this acronym up).
Around this time, the FAA decided to pause the hiring of CTI graduates pending the implementation of the biographical assessment. Neither the schools that ran the CTI programs nor their students were informed of this when the decision was initially made. A number of students, including the class representative, passed the AT-SAT (in the case of the class representative, with a perfect score), not knowing they would never get to use it.
In 2014, the FAA rolled out the new biographical questionnaire in line with the Barrier Analysis recommendation, designed so that 90% or more of applicants would "fail." The questionnaire was not monitored, and people could take it at home. Questions asked prospective air traffic controllers how many sports they played in high school, how long they'd been unemployed recently, whether they were more eager or considerate, and seventy-some other questions. Graduates of the CTI program, like everyone else, had to "pass" this or they would be disqualified from further consideration. This came alongside other changes de-prioritizing CTI graduates.
https://ojs.library.okstate.edu/osu/index.php/CARI/article/download/7406/6805/14556
CTI schools were blindsided and outraged by this change. A report on FAA hiring issues found that 70% of CTI administrators agreed that the changes in the process had led to a negative effect on the air traffic control infrastructure. One respondent stated their "numbers [had] been devastated," and the majority agreed that it would severely impact the health of their own programs. The largest program dropped from more than 600 students to less than 300.
Concurrent to all of this, NBCFAE members were hard at work. In particular, one Shelton Snow, an FAA employee and then-president of the NBCFAE's Washington Suburban chapter, provided NBCFAE members with "buzz words" in January 2014 that would automatically push their resumes to the tops of HR files. A 2013 NBCFAE meeting advised members to "please include [on resumes] if you are a NBCFAE Member. […] Can you see the strategy", emphasizing they were "only concerned" with the employment of "African-Americans, women … and other minorities."
https://x.com/tracewoodgrains/status/1752091831095939471
con't
After the 2014 biographical questionnaire was released, Snow took it a step further. As Fox Business reported (related in Rojas v. FAA), he sent voice-mail messages to NBCFAE applicants, advising them on the specific answers they needed to enter into the Biographical Assessment to avoid failing, stating that he was "about 99 point 99 percent sure that it is exactly how you need to answer each question."
Per a 2016 Yahoo Finance article, an internal FAA report cleared the NBCFAE and Snow of wrongdoing.
https://finance.yahoo.com/news/faa-admits-emails-missing-air-120000672.html
A few changes were made by 2015. In 2016, Congress passed Public Law 114-190, which among other things banned the use of biographical assessments as a first-line hiring tool for air traffic controllers.
People snubbed by the process filed dozens of lawsuits as a result, culminating in the class-action suit now underway as Brigida v. Buttigieg. In arguing to deny class certification, the defendants argued that the "underlying grievancethat they pursued college degrees in reliance on their perception that the role of the CTI program in the FAA's hiring process would never changeis not actionable."
In a moment with a certain bitter irony, black CTI graduates who were left adrift by this process are the only demographic left out of the class: while the plaintiffs tried to include them initially, the court denied certification until they were excluded. The class has been granted certification, and the suit is slowly rolling forward.
https://x.com/tracewoodgrains/status/1752091831095939471
dun
link to the DEI court case Brigida v. @SecretaryPeteDIGG
w/ links sauce galore
A scandal at the FAA has been moving on a slow-burn through the courts for a decade, culminating in the class-action lawsuit currently known as Brigida v. @SecretaryPete
https://drive.google.com/drive/folders/17Vi9dDtZvbwHDafrygRGYcG888f-6PDs